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STATE v. SMITH

92 N.J. 143 (1983)

455 A.2d 1117

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. J.C. SMITH, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided February 16, 1983.

Attorney(s) appearing for the Case

Gary H. Schlyen, Senior Assistant Prosecutor, argued the cause for appellant (Joseph A. Falcone, Passaic County Prosecutor, attorney).

William T. Petrina argued the cause for respondent.

The opinion of the Court was delivered by O'HERN, J.

We granted leave to appeal to consider what effect the weight of the evidence of guilt should have on an application for admission to pretrial intervention (PTI). We hold that, although the nature of the offense is one of the multiple factors that a program director or prosecutor may consider, a court may not reverse an otherwise well-founded PTI decision because of the insufficiency of evidence of guilt. Accordingly...

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